Editor's Note — Ord. no. 465, and any amendments thereto,
which sets out the city's cable television regulations is on file
in the city offices. At the City's request we have set out the Franchise
provisions herein.
[Ord. No. 694 §1, 12-13-2005]
For the purpose of this Chapter, the following words and phrases
shall have the meanings set forth in this Section:
The Governing Body of the City.
means:
Grantee's facility located within the City, consisting of
a set of closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide cable
service to multiple subscribers within the City.
Granby, Missouri
Any reception, processing, distribution or transmission component
of the cable system, including cables, conduits, converters, splice
boxes, cabinets, manholes, vaults, poles, equipment, drains, surface
location markers, appurtenances, fiber, and related facilities maintained
by grantee.
The Federal Communications Commission.
The rights granted to grantee under this Chapter to construct
and operate the cable system and to provide Cable Services and other
services as permitted under applicable law.
GTC Video, Inc. and its permitted successors.
All revenue received by grantee from subscribers for the
provision of basic and subscription Cable Service in the City. The
term Gross Revenues shall not include franchise fees, advertising
revenues, late fees, fees from other services, any fees itemized and
passed through as a result of franchise imposed requirements, or any
taxes or fees on services furnished by grantee imposed by any municipality,
State or other governmental unit.
Any person, firm, partnership, association, corporation,
company, or other legal entity.
The surface of, and the space above and below, any public
street, road, highway, freeway, lane, alley, path, court, sidewalk,
parkway, or drive, or any easement or right-of — way now or
later existing within the City.
Any person who lawfully receives cable service.
[Ord. No. 694 §2, 12-13-2005]
A.
Grant Of Non-Exclusive Authority. The City grants to grantee
the right and privilege to construct, erect, operate, and maintain,
in, upon, along, across, above, over and under the streets, all facilities
necessary or desirable for the construction, maintenance, and operation
of the cable system. This franchise shall be non-exclusive, and the
City may grant franchises to other persons. Any additional franchises
shall contain the same substantive terms and conditions as this franchise.
Grantee may use the cable system to deliver non-cable services as
permitted by applicable law.
B.
Rules Of Grantee. The grantee may promulgate rules, regulations,
terms and conditions governing its business and services as reasonably
necessary to enable grantee to exercise its rights and perform its
obligation under this Chapter.
[Ord. No. 694 §3, 12-13-2005]
The franchise granted under this Chapter commences upon approval
by the Board of Aldermen and acceptance by grantee and shall continue
for fifteen (15) years, unless renewed, revoked or terminated sooner.
So long as grantee remains in material compliance wit the provisions
of this Chapter, grantee, at its option, may extend the term for an
additional five (5) years by providing written notice to the City
no more than twenty-four (24) months, but not less than twelve (12)
months before expiration of the initial term.
[Ord. No. 694 §4, 12-13-2005]
A.
Location Of Facilities. Grantee shall locate all facilities
so as to minimize interference with the use of the streets and with
the rights and reasonable convenience of adjacent property owners.
B.
Construction Codes And Permits. Grantee shall obtain all
necessary permits and comply with all ordinances of general applicability
before commencing any construction, upgrade or extension of the cable
system, including the opening or disturbance of any street.
C.
Repair Of Streets And Property. Grantee, at its expense,
shall promptly restore an street or public property damaged by grantee
during the construction, repair, maintenance or reconstruction of
the cable system.
D.
Public Projects. After reasonable prior notice, grantee,
at its expense, shall relocate its facilities as required by the City
due to traffic conditions, public safety, street construction, or
other public improvements by the City.
E.
Building Movement. Upon request of any person holding a
moving permit issued by the City and after reasonable prior notice,
grantee shall temporarily move its facilities to permit the moving
of buildings, grantee may require the requesting person to pay all
costs related to the temporary relocation of facilities, and may require
payment in advance.
F.
Tree Trimming. Grantee may trim any trees in or overhanging
the streets, alleys, sidewalks, or public easements of the City as
necessary to protect grantee's facilities.
[Ord. No. 694 §5, 12-13-2005]
A.
Technical Standards. Grantee shall operate the cable system
in compliance with all applicable technical standards promulgated
by the FCC.
B.
Safety Requirements. Grantee shall employ ordinary care
and shall maintain in use commonly accepted methods and devices to
reduce failures and accidents.
C.
System Maps. Upon request by the City, grantee shall make
available to City representatives for review at grantee's office up
to date as-built maps showing locations of all facilities in the streets.
D.
System Maintenance. When feasible, grantee shall schedule
cable system maintenance to minimize service interruptions.
[Ord. No. 694 §6, 12-13-2005]
Grantee shall provide cable services without discrimination
to all persons who request such services and who comply with grantee's
terms and conditions of service. Grantee shall extend the cable system
to all areas o the City not currently served by the cable system when
any such area reaches a household density equal to or greater than
twenty (20) households per cable mile. Grantee is generally not obligated
to extend service to residences beyond three hundred (300) feet from
grantee's facilities. Isolated residences requiring more than a standard
three hundred (300) foot aerial drop or underground line may be provided
at a premium installation rate if such service has been requested
by the resident. Grantee may request advanced payment for such installation
before it is installed.
[Ord. No. 694 §7, 12-13-2005]
A.
Subscriber Inquiries. Grantee shall have a publicly listed
toll-free telephone number and be operated so as to receive subscriber
complaints and requests during normal business hours. Grantee shall
investigate and promptly resolve customer complaints regarding quality
of service or service outages.
B.
Rates. Grantee shall provide the City and subscribers with
thirty (30) days written notice of changes to cable services or rates.
C.
Office. Grantee shall maintain an office nearby the City,
which shall be open during usual business hours 9:00 A.M. —
12:00 P.M. and 1:00 P.M. — 4:00 P.M. Monday to Friday.
[Ord. No. 694 §9, 12-13-2005]
Grantee shall pay to City an annual franchisee fee in an amount
equal to three percent (3%) of gross revenues. For each year, grantee
shall deliver the payment to the City within ninety (90) days after
December thirty-first (31st). Following reasonable prior notice, the
City may inspect grantee's books, records, and reports to verify franchise
fee calculations and payments.
[Ord. No. 694 §10, 12-13-2005]
A.
Insurance. During the term of the franchise granted under
this Chapter, grantee shall maintain a comprehensive general liability
insurance policy with the following minimum coverage limits:
1.
$1,000,000.00
for personal injury or death;
2.
$1,000,000.00
for property damage; and
3.
$500,000.00
automobile insurance/combined bodily injury and property damage.
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Each policy of insurance shall contain a statement that the
insurer will not cancel the policy or fail to renew the policy for
any reason without first giving thirty (30) days' advance written
notice to the City.
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B.
Indemnification. During the term of the franchise granted
under this Chapter, grantee shall indemnify and hold harmless the
City, its officers, agents and employees ("indemnitees") from and
against any claims, liabilities, damages, losses, and expenses (including,
without limitation, reasonable attorney fees) ("losses"), which may
arise out of or be in any way connected with grantee's construction,
installation, operation, maintenance of the cable system; unless such
losses arise from the negligence or intentional misconduct of the
City, its officers, agents or employees.
[Ord. No. 694 §11, 12-13-2005]
A.
Grantee
shall not transfer or assign its rights granted under this Chapter
without providing prior written notice to the City. Prior notice shall
not be required for the following:
[Ord. No. 694 §12, 12-13-2005]
A.
Extension. Beyond the term provided in Section 615.030, City and grantee may extend by mutual agreement the term of the franchise granted under this Chapter, and the existing terms and conditions of this Chapter shall govern the extended term.
B.
Renewal. Any renewal of the grantee's franchise shall be
done in accordance with Section 546 of the Federal Cable Act, 47 USC
Section 546, and applicable FCC regulations.
[Ord. No. 694 §13, 12-13-2005]
A.
The City
may terminate the franchise granted under this Chapter in case of
material non-compliance by grantee. Material non-compliance shall
include:
1.
A material
violation by grantee of any term, condition, or provision of this
Section that remains uncured within the applicable cure period;
2.
Failure
of grantee to comply with any reasonable provision of any applicable
ordinance;
3.
Grantee
becomes insolvent, unable or unwilling to pay its debts, or is adjudged
bankrupt, or there is a notice of prospective foreclosure or other
judicial sale of all or a substantial part of the cable system;
4.
Grantee
abandons the cable system;
5.
Grantee
fails to operate the cable system for a period of thirty (30) days;
or
6.
Grantee
is found to practice any fraud upon the City.
[Ord. No. 694 §14, 12-13-2005]
A.
If the City seeks to terminate the franchise under Section 615.130, the City shall follow the procedures in this Section.
1.
Notice of complaint. The City shall provide grantee with
written notice describing with reasonable specificity the alleged
non-compliance.
2.
Opportunity to cure. Grantee shall have sixty (60) days
from receipt of written notice to cure the alleged non-compliance.
If grantee cures the alleged non-compliance within the sixty (60)
day period, the City shall provide grantee with written notice withdrawing
the complaint.
3.
Public hearing. If grantee fails to cure the alleged non-compliance
within the sixty (60) day cure period, or if grantee provides the
City with written notice disputing the complaint, Board and the parties
fail to otherwise resolve the matter, the City shall schedule a public
hearing on the alleged non-compliance. At the public hearing, grantee
may present testimony, cross-examine witnesses and deliver to the
Board of Aldermen all evidence relevant to grantee's defense. At the
conclusion of the public hearing, the Board of Aldermen may dismiss
the complaint, defer action, order appropriate sanctions, or terminate
the franchise in accordance with this Section.
4.
Termination. The Board of Aldermen may, after a duly noticed
public hearing, terminate the franchise for material and willful continuing
non-compliance by grantee. If grantee contests the termination in
a court of competent jurisdiction, grantee may operate the cable system
in accordance with this Chapter while the case is pending.
5.
Force Majeure. Grantee's failure to comply with any provision
of this Chapter shall not constitute non-compliance when the failure
is due to circumstances beyond grantee's control, including, without
limitation, acts of nature, adverse weather, natural or man-made disaster,
civil disturbance, war or insurrection, or shortage of supplies, material,
or labor.
6.
Removal of facilities. Upon expiration or termination of
the franchise, grantee shall be afforded a six (6) month period to
sell or otherwise dispose of the cable system. During the six (6)
month period, grantee shall operate the cable system in accordance
with this Chapter. At the expiration of the six (6) month period,
grantee has the right to remove its facilities within a reasonable
time.
[Ord. No. 694 §15, 12-13-2005]
A.
It shall
be unlawful for any person without grantee's consent to willfully
tamper with, remove or injure any of grantee's facilities.
B.
It shall
be unlawful for any person to make or use any unauthorized connection
to any part of grantee's cable system.
C.
Any person
that violates this subsection regarding theft of service shall be
guilty of a felony or misdemeanor, as provided for by V.A.M.S. Section
570.300 and punished by a fine and/or imprisonment as provided therein.
[Ord. No. 694 §16, 12-13-2005]
Notices under this Chapter shall be in writing and shall be
deemed given delivery by hand delivery, certified mail return receipt
requested, or overnight courier to the following addresses:
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City of Granby
302 N Main St
Granby, MO 64844
Attn: City Clerk
Phone: 417-472-6556
Fax: 417-472-6533
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GTC Video, Inc.
126 S Beaver Ave.
PO BOX 200
Granby, MO 64844
Attn: Cheri Johnson
Phone: (417) 472-6211
Fax: (417) 472-3600
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With a copy to:
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Cinnamon Mueller
307 North Michigan Ave., Suite 1020
Chicago, IL 60601
Attn: Nicole Paolini-Subramanya
Phone: (312) 372-3930
Fax: (312) 372-3939
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A party may designate other addresses for providing notice by
providing notice in writing of such addresses.
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